Pre-application matters

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Practice notes
Appropriation is a process by which a personal representative or a trustee uses a specific asset in the estate or trust fund, to meet in full or in...
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9th Nov
Practice notes
What a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been...
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9th Nov
Practice notes
Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...
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9th Nov
Practice notes
Hotchpot clauses in Wills can be very useful in equalising benefits between beneficiaries. They also have a place in respect of a partial intestacy....
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9th Nov
Practice notes
Where one of several executors diesSection 5 of the Administration of Estates Act 1925 (AEA 1925) states that the office of executor is personal to...
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9th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
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9th Nov
Practice notes
CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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9th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
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9th Nov
Precedents
Warning to caveator, Rule 44(5)In the High Court of JusticeFamily Division[The nominated registry as defined by rule 44(15)]To [name] of [address] a...
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9th Nov
Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
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9th Nov

Most recent Pre-application matters content

Precedents
[enter name of lender][enter address of lender]Dear [enter organisation name]Re: [enter name of deceased...
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12th Apr
Precedents
[enter stockbroker’s/fund manager’s name ][enter stockbroker’s/fund manager’s address]Dear [[insert organisation name] OR [name of individual...
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9th Apr
Practice notes
Role of the courtThe High Court has jurisdiction in relation to probates and administration'>letters of administration, in particular all contentious...
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9th Apr
Practice notes
A person generally dies owning some form of property whether it be land, cash, furniture and so on. A grant may or may not be necessary depending on...
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9th Apr
Practice notes
Testator’s relationship to beneficiaryMost testators make gifts in their Wills to beneficiaries either by name or by description of the relationship...
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9th Apr
Practice notes
ProbateWhere the deceased left a valid Will appointing an executor who is able and willing to prove the Will, apply for a grant of probate.The...
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9th Apr
Practice notes
While it is obvious that the beneficiary of a gift has to be ascertained, it is also important to ascertain when that gift vests in order to include...
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9th Apr
Practice notes
The differenceIt is broadly the case that the difference between common and solemn form probate is that common form relates to non-contentious...
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9th Apr
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
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9th Apr
Practice notes
Unknown claimsEven if personal representatives (PRs) are not aware of the claims of a beneficiary or creditor at the time of distribution, they remain...
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9th Apr
Practice notes
Although the construction of a Will or words or terms of a Will may be decided by a court the principles that are adopted do not lean towards the...
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9th Apr
Practice notes
In the normal course of events a Will sails through the probate process without a hitch but that process can be blocked before it begins with a...
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9th Apr
Practice notes
Personal representatives (PRs) should have no reason to be liable for losses to the estate, and it is possible to take actions to protect themselves...
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9th Apr
Practice notes
Over many years rules relating to the construction of Wills have taken on the appearance, if not the actuality, of artificiality, particularly in...
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9th Apr
Practice notes
Need for a grantThe personal representatives (PRs) need a grant of probate or administration'>letters of administration to enable them to make title...
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9th Apr
Precedents
[enter name of company][enter address of company][enter date]Dear [insert organisation name]The late [name of deceased]Address: [enter address of...
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8th Apr
Precedents
[enter name of chartered surveyor][enter address of chartered surveyor]Dear [insert organisation name]The late [name of deceased][Property OR Land]...
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8th Apr
Precedents
[enter name of mobile telephone company][enter address of mobile telephone company]Dear [insert organisation name]The late [name of...
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7th Apr
Precedents
[enter name of company][enter address of company][enter date]Dear [insert organisation name]The late [name of deceased][Policy OR Policies] numbered:...
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7th Apr
Precedents
[enter name of telephone company][enter address of telephone company]Dear [insert organisation name]The late [name of deceased]Account[s] number[ed]:...
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7th Apr

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